Climate change, as one of the most important problems of the present age, causes a lot of damage to the realization of human rights. The relationship between these two categories, although not mentioned in the main and binding sources of human rights, but with a deeper look at the consequences of this global problem, we can see that today there is a very important relationship between the possibility of human rights and climate change. This will affect both individual and collective human rights, create many obstacles to their realization, and raise issues that require addressing human rights in a new light. In this area, the practice of states and international courts is also significant. With regard to these points, the present article, by considering the existing documents and procedures and the various aspects of human life, in order to take a more realistic view of the issue of the realization of human rights in the present age, will examine the effects of climate change on the realization of various human rights and will try to Highlight human rights crises affected by this phenomenon and have been overlooked in its basic discussions.
Scanlon, Cassar and Nemes, "Water as a Human Right?"; Salman M.A. Salman and Siobhán McInerney-Lankford, The Human Right to Water: Legal and Policy Dimensions (Washington, D.C.: The World Bank, 2004).
Biermann and Boas, preparing for a warmer word: toward a global governance system to protect climate refugee, Global Environmental Politics, 60
Oliver A. Houck, “Light from the Trees: The Stories of Minors Oposa and the Russian Forest Cases," Georgetown International Environmental Law Review 19, no. 3 (2007): 326-30.
Jennifer A. Amiott, "Environment, Equality, and Indigenous Peoples' Land Rights in the Inter-American Human Rights System: Mayagna (Sumo) Indigenous Community of Awas Tingni v. Nicaragua," Environmental Law 32(2002).
James Anaya and Claudio Grossman, “The Case of Awas Tingni v. Nicaragua: A New Step in the International Law of Indigenous Peoples," Arizona Journal of International and Comparative Law 19, no. 1 (2002): 1.
Jim Yong Kim, President of the World Bank Group, Op-Ed: Ending Poverty includes Tackling Climate Change (10 July 2013).
De Schutter, Olivier, International Human Rights Law Cases, Materials, Commentary, Cambridge University Press, 2014.
Robinson, Climate Change and Justice' 36 Scottish Human Rights Journal.
Cardona, Climate Justice for a Changing Planet: Placing the Right to Development and Justice at the Heart of the Response to Climate Change; Marcos A. Orellana, Climate Change and the Millennium Development Goals: the Right to Development, International Cooperation and the Clean Development Mechanism, 2, 1.
Trindad, C., and A. Antonio "The Parallel Evolution of International Human Rights of Environmental protection and the Absence of Restrictions of the Exercise ed Human Rights" IDH (Vol. 13, 1991), p.51.
Documents:
A/HRC/48/L.18, The right to development
A/HRC/48/L.22, on Human rights and indigenous peoples
A/HRC/48/L.23/ Resolution on The human right to a clean, healthy and sustainable environment
A/HRC/48/L.27, Mandate of the Special Rapporteur of Human Rights Council on the promotion and protection of human rights in the context of climate change
Case Concerning East Timor (Portugal v Australia). (Judgment), (1995), ICJ Rep 90.
Climate and Development Knowledge Network, Integrating Climate Change in the Post-2015 Development Agenda (March 2014).
CteRC, General Comment No 15, CRC/C/GC/15, (April 2013).
CteRC, General Comment No 5, CRC/C/GC/2003/5, (November 2013).
General Comment 12: The Right to Self-Determination of Peoples (Art 1).
General Comment 23: The Rights of Minorities (Art 27), United Nations Human Rights Committee, 50th sess, UN Doc CCPR/C/21/Rev. 1/Add. 5 (1994), art. 25.
National intelligence assessment on the national security implications of global climate change to 2030, statement for record of Dr Thomas Fingar, 24 June 2008, House permanent select committee on intelligence.
OHCHR, Report on the Relationship between Climate Change and Human Rights, 26, 42, 77.
Paris Agreement on Climate Change
Report of the Special Rapportcur on the Simation of Human Rights and Fundamental Freedoms of Indigenous People, Rodolfo Stavenhagen, UN DOC A/HRC/4/32 (2007)
Report of the Special Rapporteur on the Right to Food, Jean Ziegler, UN Doc A/61/306 (2006).
Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People: Addendum: Mission to the Philippines, Rodolfo Stavenhagen, UN Doc E/CN.4/2003/90/Add.3 (2003), par. 63.
Report of Tuvalu, CRC/C/TUV/Q/1 (8 February 2013), 10.
Security Council 5663rd meeting, Security Council SC 9000 (2007).
ramezani, M. H. and MIRIAN, S. (2023). The consequences of Climate Change on the Individual and Collective Human Rights with Regard to Governments' Procedures and Courts. Legal Research Quarterly, 26(101), 139-166. doi: 10.48308/jlr.2022.225457.2181
MLA
ramezani, M. H. , and MIRIAN, S. . "The consequences of Climate Change on the Individual and Collective Human Rights with Regard to Governments' Procedures and Courts", Legal Research Quarterly, 26, 101, 2023, 139-166. doi: 10.48308/jlr.2022.225457.2181
HARVARD
ramezani, M. H., MIRIAN, S. (2023). 'The consequences of Climate Change on the Individual and Collective Human Rights with Regard to Governments' Procedures and Courts', Legal Research Quarterly, 26(101), pp. 139-166. doi: 10.48308/jlr.2022.225457.2181
CHICAGO
M. H. ramezani and S. MIRIAN, "The consequences of Climate Change on the Individual and Collective Human Rights with Regard to Governments' Procedures and Courts," Legal Research Quarterly, 26 101 (2023): 139-166, doi: 10.48308/jlr.2022.225457.2181
VANCOUVER
ramezani, M. H., MIRIAN, S. The consequences of Climate Change on the Individual and Collective Human Rights with Regard to Governments' Procedures and Courts. Legal Research Quarterly, 2023; 26(101): 139-166. doi: 10.48308/jlr.2022.225457.2181
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